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Citation
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Judgment date
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| October 2014 |
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A sale under letters of administration granted without jurisdiction is void; status quo restored and lower judgment set aside.
Succession law – Letters of administration – Jurisdiction of Magistrate Grade II – Validity of grants; Sale by administrator without competent grant – Illegality and nullity ab initio; Trial court's duty to evaluate evidence; Remedies—status quo and setting aside decree
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28 October 2014 |
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Only beneficiaries with proven apportioned interest may impeach a registered title; 1955 subdivision and cancellation upheld, suit dismissed.
Land law – registration and indefeasibility – impeachment for fraud; Limitation Act – postponement where fraud discovered; Locus standi – beneficiaries must show a proven apportioned interest to challenge registered title; evidentiary value of historical microfilm and subdivision instruments
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27 October 2014 |
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Administrator has locus to sue and plaint discloses fraud cause; preliminary objections overruled, matter to proceed to trial.
Land law – Co-ownership (tenants in common) – survivorship – Administrator’s locus to sue – Cause of action in fraud – Accounting for rents – Preliminary objections; Order 7 r.11, Order 6 r.28 CPR; mootness and lease expiry
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27 October 2014 |
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Long uninterrupted occupation established bonafide occupancy; appellant held to have trespassed and appeal dismissed.
Land law – kibanja/bonafide occupancy – Section 29(2) Land Act – proof of uninterrupted occupation – trespass to land – pleadings and departure from pleaded cause of action – visits to locus in quo and procedural irregularity
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24 October 2014 |
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Court found plaintiffs bona fide occupants, cancelled defendants' fraudulent title, and granted injunction and damages.
Land law — bona fide/lawful occupants; indefeasible title subject to fraud; unlawful extension of expired lease; purchaser's duty to inquire; undervaluation as indicium of fraud; cancellation of title under s.177 RTA; permanent injunction and damages
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23 October 2014 |
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Registration obtained to defeat an existing equitable interest is fraudulent and subject to cancellation under s.177 RTA.
Land law – equitable interest arising from part payment and possession – fraud vitiating registration – cancellation of title under s.177 Registration of Titles Act – bona fide occupant/tenant protections; vernacular sale agreements and Illiterates Protection Act
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23 October 2014 |
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Bona fide purchasers for valuable consideration were upheld as legitimate landowners, no fraud proven by the Plaintiffs.
Land law – Estate administration – Fraud in land transfer – Bona fide purchaser for value without notice – Capacity of executor in real property transactions
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20 October 2014 |
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Non‑compliance with commissioning and Illiterates Protection Act requirements rendered the supporting affidavit inadmissible, so the reinstatement application failed.
Civil procedure — Setting aside dismissal (Order 9 r.23, Section 98 CPA) — Affidavit admissibility — Illiterates Protection Act certificate mandatory — Jurat/commissioning requirements — Motion support (O.51 r.3 CPR) — Failure to comply renders affidavit inadmissible
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16 October 2014 |
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Whether alleged unregistered kibanja interest and payments established lawful occupation against registered owners' title.
Land law – kibanja/unregistered equitable interest – burden of proof – consent of mailo owner – effect of part payment/kanzu and unsigned vendor evidence – trespass – locus in quo not mandatory
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16 October 2014 |
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A repossession letter validly issued and managed through a lawful agent cannot be cancelled in a time-barred, procedurally premature claim.
Expropriated Properties Act — repossession letter vs certificate; Section 3 and 9 (physical return and 120 days); agency and powers of attorney as means to effect management; Limitation Act — 12-year bar to recovery of land; ministerial prerogative under s.9 and proper procedure
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10 October 2014 |
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Revision granted where defective service (hearing notices, not summons) caused irregular ex parte judgment, ordering retrial.
Civil procedure — Revision under Section 83 CPA — Jurisdictional irregularity — Service of process (Order 5 CPR) — Hearing notice vs summons — Validity of affidavit of service — Ex parte proceedings set aside
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10 October 2014 |
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Plaintiff failed to disclose a cause of action against the director personally; claim against him was struck out.
Civil procedure – cause of action – whether plaint discloses cause of action against a company director; corporate personality (Salomon) – director's personal liability; Order 1 r.7 CPR – joinder where identity of proper defendant is clear
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10 October 2014 |
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Defective, uncertified trial record and denial of legal representation caused miscarriage of justice; retrial ordered.
Land dispute; defective and uncertified trial record; denial of legal representation; breach of fair trial; mistrial; retrial ordered
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3 October 2014 |
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Whether the appellant acquired title by adverse possession and whether the claim was time-barred.
Limitation – Land – 12-year period to recover land (Limitation Act s.5); Adverse possession and bona fide occupant status under the Land Act; proof of prior registered title and interruption of possession; appellate review of general damages; absence of locus in quo proceedings.
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3 October 2014 |